Driving Under the Influence of Medication Defense Attorney in DuPage County, Illinois

Driving Under the Influence of Medication Defense Attorney in DuPage County, Illinois

DuPage County, Illinois, is home to a wide range of communities, from bustling suburbs like Naperville and Wheaton to smaller towns such as Elmhurst and Downers Grove. Law enforcement throughout the county aggressively pursues DUI charges, including those involving prescription medications. While many people associate driving under the influence (DUI) with alcohol, Illinois law also prohibits operating a vehicle while impaired by legal prescription drugs or over-the-counter medications.

A DUI charge based on medication use can be just as severe as one involving alcohol. Illinois law under 625 ILCS 5/11-501 makes it illegal to drive while impaired by any substance that affects one’s ability to operate a vehicle safely. Many prescription medications, including painkillers, anxiety medications, muscle relaxants, and even sleep aids, can cause drowsiness, dizziness, or slowed reaction times. If law enforcement believes that a driver is impaired by medication, they can make an arrest and pursue criminal charges.

Even if a driver has a valid prescription for their medication, they can still be charged with DUI if an officer determines that the medication impaired their ability to drive safely. A conviction can lead to jail time, fines, suspension of driving privileges, and a permanent mark on the individual’s criminal record. At The Law Offices of David L. Freidberg, we understand that many drivers accused of medication-related DUI charges did not intend to break the law. Our firm is committed to protecting the rights of individuals facing these charges and working toward the best possible outcome.

Illinois DUI Laws for Medication-Related Impairment

Illinois law does not differentiate between impairment caused by alcohol, illegal drugs, or prescription medications. Under 625 ILCS 5/11-501, a person is guilty of DUI if they operate a vehicle while under the influence of any intoxicating substance that renders them incapable of driving safely. This includes prescription drugs such as opioid pain relievers, benzodiazepines, antidepressants, and even certain antihistamines that cause drowsiness.

Unlike alcohol-related DUIs, which are typically based on a blood alcohol concentration (BAC) test, medication-related DUIs rely on officer observations, field sobriety tests, and, in some cases, blood or urine tests. Illinois law states that any amount of a controlled substance in a driver’s system can be used as evidence of impairment, even if the medication was legally prescribed.

The penalties for a first-time DUI conviction include up to one year in jail, fines of up to $2,500, and a minimum one-year license suspension. If the driver has prior DUI convictions or if the incident resulted in bodily harm, the penalties become much more severe. A second DUI offense results in a mandatory minimum jail sentence of five days or 240 hours of community service, along with increased fines and license suspension periods. A third DUI offense is considered a Class 2 felony, carrying a prison sentence of three to seven years.

Enhanced penalties apply if the impaired driver was transporting a minor under the age of 16, was involved in an accident that caused serious injury or death, or had a particularly high concentration of controlled substances in their system.

How Law Enforcement Investigates Medication-Related DUIs

Medication-related DUI cases often begin with a routine traffic stop or after an accident. If an officer notices signs of impairment, such as erratic driving, slurred speech, or confusion, they may conduct field sobriety tests. Unlike alcohol-related DUI cases, where a breathalyzer can be used to measure BAC, medication impairment is more difficult to assess.

If an officer suspects that a driver is under the influence of medication, they may request a blood or urine test to detect the presence of controlled substances. In some cases, the police may call in a Drug Recognition Expert (DRE), a specially trained officer who evaluates drivers for signs of drug impairment. However, these evaluations are often subjective and can be challenged in court.

The Criminal Trial Process for Medication-Related DUI Cases in DuPage County

After an arrest, the defendant is typically taken to a police station for processing and booking. If a blood or urine test was conducted, the results may take days or weeks to return. The defendant will then be scheduled for an arraignment, where they will be formally charged and given the opportunity to enter a plea.

During the pre-trial phase, the defense attorney will review the evidence against the defendant, including police reports, lab test results, and body camera footage. In many cases, attorneys can challenge the validity of the evidence, particularly if the arresting officer failed to follow proper procedures or if the blood test was conducted improperly.

If the case proceeds to trial, the prosecution must prove beyond a reasonable doubt that the defendant was impaired at the time they were driving. Unlike alcohol-related DUI cases, where BAC test results provide clear numerical evidence, medication-related DUI cases rely on subjective observations. This makes it possible for a defense attorney to challenge the prosecution’s case by presenting alternative explanations for the defendant’s behavior.

Types of Evidence Used in DUI Cases Involving Medication

Law enforcement relies on several types of evidence to support a DUI charge based on medication use. Field sobriety tests, such as the walk-and-turn test, one-leg stand, and horizontal gaze nystagmus (HGN) test, are commonly used to assess impairment. However, these tests are not always accurate, especially for individuals with medical conditions or disabilities.

Blood and urine tests can detect the presence of medications, but they do not necessarily prove impairment. Many prescription drugs remain in the system for hours or even days after use, meaning a person could test positive even if they were not impaired at the time of driving. Test results must also be analyzed carefully, as errors in sample handling or laboratory procedures can produce false positives.

Eyewitness testimony from officers and other drivers may be used to support the prosecution’s case, but these statements can often be challenged in court. An experienced DUI defense attorney can question the reliability of witness accounts and highlight inconsistencies in the evidence.

Defending Against Medication-Related DUI Charges in Illinois

A strong defense strategy can make a significant difference in the outcome of a medication-related DUI case. In some cases, an attorney may argue that the defendant was not actually impaired at the time of driving. Since prescription medications affect individuals differently, simply having a drug in one’s system does not automatically mean they were incapable of operating a vehicle safely.

Challenging the legality of the traffic stop is another common defense. If an officer pulled over a driver without reasonable suspicion, any evidence collected during the stop may be inadmissible in court. Additionally, an attorney can question the accuracy of field sobriety tests and lab results, particularly if there were errors in sample collection or testing procedures.

Why You Need a DUI Defense Attorney for a Medication-Related DUI Charge

A DUI conviction can have serious consequences, including license suspension, jail time, and a permanent criminal record. The legal process is complex, and without a skilled defense attorney, defendants risk facing the maximum penalties. An experienced attorney can evaluate the evidence, identify weaknesses in the prosecution’s case, and work to achieve the best possible outcome.

At The Law Offices of David L. Freidberg, we have a long history of defending individuals accused of DUI in DuPage County and the greater Chicago area. We understand how to challenge faulty evidence, negotiate with prosecutors, and present strong defenses in court.

Call The Law Offices of David L. Freidberg Today

If you have been charged with driving under the influence of medication in DuPage County, you need a defense attorney who will fight for your rights. An aggressive defense can mean the difference between a conviction and a dismissal or reduced charge.

The Law Offices of David L. Freidberg provides aggressive legal representation for those accused of a driving while intoxicated on marijuana in DuPage County and throughout Illinois. We offer free consultations 24/7 to discuss your case and legal options. Contact us today at (312) 560-7100 or toll-free at (800) 803-1442 for dedicated defense in DuPage County, Cook County, Will County, Lake County, and the greater Chicago area.